Monday, November 3, 2014

How to get a Transcript of a Deposition or Hearing where I was a Witness? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Deposition Transcript from Defense Attorney:  There was a depo. done for an injunction hearing. The offender is still in jail since the incident in May for 2 third degree felonies and VOP. At the depo. his attorney only wanted to discuss the date of abuse that landed him in jail and ignored any thing I brought up, showed photos or emails of from another day of abuse. Judge asked me if I had any other incidents I wanted to include when it was my turn and I said yes. The injunc. was amended and set for another date because the attorney was only prepared for the 1 incident. In the mean time I have a small claims suit going on and I would like the depo. for my own record for the injunction hearing. Can I do a Request for Discover or Subpoena the depo. to his attorney for the transcript? His attorney did not file it.

A:     Chosen as Best Answer by Asker on AVVO!

Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered It does not sound to me as through there was a deposition; rather it sounds like you had testimony at a hearing. (A deposition is not conducted in front of the judge and at a depo you - the witness / deponent - have no right or authority to dictate the terms of a deposition, whereas during in-Court testimony you will usually be permitted by the Judge to finish your thoughts and to otherwise speak your mind, regardless of the lawyer's wishes).

Accordingly, if you want a copy of the transcript of the proceeding (assuming that it was recorded, electronically or otherwise - some jurisdictions electronically record hearings, others use stenographers and still others do not provide any record keeping mechanism leaving it up to the parties to either expend their own funds to produce a court reporter or proceed without a record) you would first have to determine whether or not the proceeding was "recorded", and if so how and by whom.

If you were represented by counsel you should call your lawyer and ask. If not then you can call the Judge's Judicial Assistant (JA) and politely inquire as to whether or not injunction proceedings are recorded, and if so by whom. If there was a Court provided recording done (whether by a court reporter or electronically) then the JA will be able to advise you as to how to get a copy. If not then you will have to determine whether or not the other party brought their own stenographer (if so then the Clerk would have made a notation on the Court's File as to who the court reporter was, and you are free to contact the firm and request a copy of the transcript of the proceedings). If the JA cannot or will not help you then call the Clerk of Courts, give them the case number and ask them the same thing.

Whatever you do, remember the rule of the 3 "p"'s (be patient, pleasant and polite) and, if it exists, then you should be able to get a transcription.
Wishing you luck and hoping that I have been helpful in answering your question. 

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